Both ENDS
The government of Kenya has officially terminated its bilateral investment treaty (BIT) with the Netherlands, marking a significant win for economic justice and environmental protection. Kenya’s decision reflects a growing global trend of rethinking outdated treaties that often prioritize corporate interests over public welfare. The Dutch Minister for Foreign Trade and Development recently confirmed that Kenya unilaterally ended the treaty in December 2023, rendering it inoperative from 11 June 2024. Kenya now joins South Africa, Tanzania, and Burkina Faso as the fourth African country to terminate its BIT with the Netherlands.
Recently, India has terminated its bilateral investment treaties (BIT) with 57 countries, including the Netherlands. This means Dutch companies in India, and Indian companies in the Netherlands, can no longer make use of the controversial arbitration procedures called ISDS. According to Burghard Ilge from Both ENDS, India's action is a step in the right direction. However it is a missed opportunity that the Dutch government did not agree with this termination. This way, old investments stay protected for 15 years under the former BIT.
On 10 October, we’ll sound the alarm against TTIP: the Trans-Atlantic Trade and Investment Partnership. For years, the EU and the USA have negotiated behind closed doors to define the rules of the game for this bilateral treaty. Yet, it has only been a year since the Dutch are getting to know the consequences of TTIP.
TTIP means the disruption of existing regulation for the environment, labour and safety. Moreover, the promised economic growth is an illusion. Those are the clear-cut conclusions of various scientific studies.
By now, TTIP, the new EU-US free trade agreement, has become a hot topic in the Netherlands too. There has been heavy protest against this trade deal from civil society organisations, scientists, lawyers and civilians, who all have set off a ‘TTIP-alarm’. How much truth is there in their concerns about TTIP? What are the implications of TTIP for the Netherlands? If you are curious to find out the answers to these questions, then come to ‘The Big TTIP Debate: The debate about the free trade agreement between the EU and US’ on Friday evening April 17th. Several speakers will discuss with each other and with the audience about the above (and many more) questions.
In 2001 Tanzania and the Netherlands signed a treaty only known to a few; a so-called Bilateral Investment Treaty aimed "to extend and intensify the economic relations between them and to stimulate the flow of capital and technology and the economic development of the Contracting Parties". But signing the treaty was in fact mainly a symbolic act which since then has had little if any effect in this respect. In fact, a report by the Netherlands Bureau for Economic Policy Analysis found that BITs have no positive effect on investment in low and lower middle income countries located in Latin America and Sub-Saharan Africa, including Tanzania.
